This reason could be scheduling conflicts or the inability to acquire necessary documents before the assigned date. Some courts have specific continuance request forms, while other courts have generic motion forms on which you can write your request for a continuance.
Scheduling conflicts are common for small claims defendants and plaintiffs alike. And remember, that you may or may not be allowed to file for a postponement depending on the type of court case and how soon to your court date is approaching.
Then, address the letter to the judge who is overseeing your case. The court will ultimately decide whether or not your request will be granted based on the reason you have provided. Thank you for your attention in this matter.
Keep in mind that when you request a continuance, you cannot then turn around and ask for a speedy trial.
Most courts prefer that you first seek consent of the other parties, and some states require it. This basic information should be included in all requests for a continuance of a court hearing, but the exact format and procedure depends on the requirements of the particular court.
While some will require the services of an attorney, those facing time in small claims court often elect to represent themselves. For your own sake, never request a continuance unless you are certain rescheduling your own schedule is impossible. However, if you have been instructed by the court to write a letter for your request, there are some things you should include.
Sample Letter for a Court Continuance This is the basic format for a request of continuance: Also, ask about any fees. Until you have written or verbal confirmation from the court that your request for continuance has been granted, be prepared to show up for court that day.
For example, California Rules of Court emphasize that trial continuances are disfavored and will only be granted for good cause such as the unavailability of a party, an attorney, or a witnesses due to death, illness or other excusable circumstance.
Give the reasons for your request. The information you require to complete a Request of Continuance, including your docket number, can be found on the original subpoena that was issued to you.
In addition to the formatting of the letter, you also need to send it to the right people. If you no longer have access to that document, the information can be accessed through the court clerk.
You should say in the body of the letter near the end that you are sending two copies of the letter. Courts may not require a reason to reschedule a routine court date, such as a conference on the status of the case or a hearing on a motion, as long as a continuance would not adversely affect another party.
Filing a request for continuance on your own behalf is simple, fast, and easy. The Explanation Specify the reason you are asking for an extension in the next paragraph. Then, mail or deliver one to the court, the other party if your case is a civil matter and keep a copy for your records.
Letter Format The format of the letter is that of a formal letter to be filed with the court.
However, there are just as many illegitimate reasons that will be rejected by the courts. You may want to include how long of an extension you feel you need. However, the court must agree that you are not able to reschedule the event that conflicts with your court date.
If you have asked for several continuances in the same case, the judge may not be inclined to grant another one.
The appropriate name and address will be contained within the subpoena. It is not necessary to have this request witnessed. Not showing up for court on the day that you are scheduled to arrive could cause you to lose your claim. Include a memo line with your case number. Specify if you contacted the other parties or their attorneys and whether they agree to a continuance.
Do Your Research Call or visit the clerk of the courts and follow procedures. The Court has issued a hearing date of hearing date as it appears on your subpoena at exact time as it appears on your subpoena.
You will want to include your docket number before the body of the letter so that the court clerk will be able to look you up more easily. Court-Specific Requirements Procedures for requests for continuance vary among states, courts and even judges.
For instructions regarding continuances, review the court notice you received ordering you to be in court on a certain date.If you don't receive a reply before the scheduled trial date (or before you leave town), call or visit the court clerk.
If the continuance hasn't been granted (or if dealing with the clerk proves fruitless), it is best, if possible, to appear in person on the trial date to see if your request has been granted. Apr 23, · Letter of Continuance My question involves traffic court in the State of: West Virginia I live in an area right around pittsburgh.
I am writing a letter of continuance to the magistrate building of dodridge country WV. The process for extending court dates vary. In some districts, you may have to file a motion for continuance. Some courts do not accept letters, so a simple letter will not suffice in those cases. A request for continuance in a legal setting is a request that court proceedings be postponed until a later date.
Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request.
Letter Format The format of the letter is that of a formal letter to be. I am requesting continuance date of 07/31/; in order to get my financial obligations to the court together before the hearing, as in order to file a request for defensive driving the fine must be paid in full on or before the day of the hearing.
When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a .Download